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The answer likely is “no” according to a recent decision from a federal court in San Francisco. The plaintiff in that case, a data storage company, alleged that a competitor misappropriated its trade secrets by illegally...more
In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and...more
Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more
Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more
Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?”...more
Aggrieved employers have often turned to the Computer Fraud and Abuse Act (the "CFAA") in suing former employees that allegedly absconded with information from company computers. Such suits face bleak prospects in the Ninth...more
The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, (CFAA) is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more
As readers of this blog know, we have been following the diverse and seemingly irreconciliable decisions from federal courts regarding the scope of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030. Last...more
The U.S. Court of Appeals for the 4th Circuit has issued a ruling in WEC Carolina Energy Solutions v. Miller, holding that the federal Computer Fraud and Abuse Act (“CFAA”) prohibition on exceeding “authorized access” to a...more
On March 22, 2012, Patton Boggs LLP posted a client alert (available here) on the antihacking Computer Fraud and Abuse Act (CFAA), discussing that different federal courts were split on whether the CFAA imposes liability on...more
Among its various provisions, the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030, subjects a person who “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains …...more
The federal courts are currently split on the question of whether an employee can be held civilly liable under the Computer Fraud and Abuse Act (CFAA) for misappropriating confidential company information that the employee is...more
The monitoring of employees’ electronic communications can be undertaken for various reasons, and is now standard practice among most, if not all, employers. However, when undertaking such monitoring, employers must ensure...more
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